California condominium law is governed primarily by the Davis-Stirling Common Interest Development Act, codified at Civil Code sections 4000 through 6150. It sets the ground rules for nearly every condo community in the state: what owners can do with their units, what HOAs must do to run the community properly, how assessments and liens work, and how disputes get resolved. Federal law layers on top for fair housing, satellite reception, and military protections. Both owners and boards face real consequences for ignoring any of it.
Which Document Controls When Rules Conflict
Condo communities operate under several governing documents, and they don’t all carry equal weight. Civil Code section 4205 sets the hierarchy: state law first, then the CC&Rs, then the articles of incorporation, then the bylaws, and finally the operating rules. Election rules adopted under Davis-Stirling can override certain voting-related bylaw and CC&R provisions, but that’s the notable exception.
The Declaration of Covenants, Conditions, and Restrictions is the foundational document. It’s recorded with the county and binds every owner, including future buyers. The CC&Rs describe what you can and can’t do with your unit, split maintenance responsibilities, and set restrictions on modifications. You agree to them when you buy, whether you read them or not.
Bylaws govern how the HOA itself runs — director powers, election procedures, meeting protocols. Amending bylaws typically takes a membership vote at whatever threshold the existing bylaws or CC&Rs require.
Operating rules are the most flexible layer. The board can adopt them without a membership vote to handle day-to-day issues like parking, noise, and pool hours. Before voting on a rule change, the board must give owners at least 30 days’ notice with the full text and a description of the rule’s purpose.1California Legislative Information. California Civil Code 4920 The one exception is when the board finds an immediate change is needed to address a threat to health, safety, or substantial economic loss. Any operating rule that contradicts the CC&Rs or state law can be challenged.
What Owners Can Do With Their Units
Davis-Stirling gives owners defined rights to use and occupy their unit, access common areas, attend HOA meetings, and inspect the association’s financial records. Several specific areas get extra protection.
Renting Out Your Unit
Under Civil Code section 4741, an HOA cannot impose a rental cap more restrictive than 25 percent of the units in the development. A CC&R provision capping rentals at 10 or 15 percent is unenforceable. HOAs can, however, prohibit short-term rentals of 30 days or less. Before leasing your unit, you must give the association your tenant’s name and contact information. Owners who bought before a rental restriction was recorded are generally exempt from that restriction under section 4740.
Solar Panels
The California Solar Rights Act, at Civil Code section 714, voids any governing document provision that effectively prohibits a solar energy system. An HOA can impose restrictions only if they don’t increase system cost by more than $1,000 or decrease efficiency by more than 10 percent.2California Office of Historic Preservation. California Solar Rights Act – A Review of Statutes and Relevant Cases The HOA can ask you to place panels in a less visible spot, but not if that meaningfully hurts performance or blows out your budget.
EV Chargers
Civil Code section 4745 protects owners who want to install EV chargers in their deeded parking space, exclusive-use common area, or other designated parking spot. Any CC&R or rule that prohibits or unreasonably restricts installation is void. The HOA must process a charging station application the same way it handles architectural modifications, and if it doesn’t respond in writing within 60 days, the application is automatically approved. An HOA that willfully violates this provision faces a civil penalty of up to $1,000, and the owner can recover attorney’s fees.3California Legislative Information. California Civil Code 4745
Satellite Dishes
The FCC’s Over-the-Air Reception Devices rule prohibits HOAs from restricting satellite dishes one meter or smaller in diameter on property an owner controls exclusively, such as a balcony or patio. A restriction is unlawful if it unreasonably delays installation, increases costs, or prevents acceptable signal reception. Safety and historic-preservation rules can still apply, but only if they’re no more burdensome than necessary. Restrictions on antennas placed in common areas like rooftops or shared exterior walls remain enforceable.4Federal Communications Commission. Over-the-Air Reception Devices Rule
Disability Accommodations and Assistance Animals
The federal Fair Housing Act applies to every California condo HOA. An HOA must grant a reasonable accommodation when a person with a disability needs a change to a rule, policy, or practice to have equal opportunity to use and enjoy their home, including common areas. The request doesn’t need to use specific legal language. There must be a connection between the disability and the requested change, but the standard is practical. An HOA can deny only if the accommodation would impose an undue financial or administrative burden or fundamentally change how the association operates, and even then it should discuss alternatives. Delays in responding can themselves be a fair housing violation.5U.S. Department of Justice. Joint Statement on Reasonable Accommodations Under the Fair Housing Act
No-pet policies cannot be enforced against residents who need a service animal or emotional support animal for a disability. When the disability or the need for the animal isn’t obvious, the HOA may request documentation from a healthcare professional. Certificates purchased from online registries that sell documentation to anyone willing to pay a fee are not considered reliable evidence.6U.S. Department of Housing and Urban Development. Fact Sheet on HUD’s Assistance Animals Notice The HOA cannot charge extra fees or deposits for an assistance animal, though it can bill for damage the animal causes if it bills all residents for similar damage.
What Owners Must Pay and Maintain
Assessments
Every owner pays regular assessments, which fund common area upkeep, insurance, and reserve accounts. Assessments must be levied proportionally. You have the right to challenge assessments you believe are excessive or improperly levied by requesting a hearing before the board or through dispute resolution.
The board cannot raise regular assessments by more than 20 percent over the prior fiscal year without a majority vote of a quorum of members. Special assessments that exceed 5 percent of the association’s budgeted gross expenses for the year also require membership approval. These caps stand even if the governing documents impose tighter limits, but they don’t override documents that are more permissive.
Maintenance
Getting the maintenance line wrong usually means paying twice. Unless the CC&Rs say otherwise, the HOA is responsible for repairing, replacing, and maintaining common areas. Individual owners handle their own units. For exclusive-use common areas like balconies and patios, the split is more specific: the owner handles routine maintenance, but the HOA is responsible for repair and replacement.7California Legislative Information. California Civil Code 4775
Neglecting maintenance inside your unit that damages a neighbor’s unit or the common area can create personal liability. A slow plumbing leak that rots the subfloor of the unit below you is your problem, not the HOA’s.
Liens and Foreclosure
When an owner falls behind on assessments, the HOA can eventually place a lien on the property. Before recording that lien, the association must send the owner a detailed written notice by certified mail at least 30 days in advance. That notice must itemize the charges owed, explain the owner’s right to inspect association records, describe the collection and lien enforcement process, and inform the owner of the right to request a meeting with the board and to pursue dispute resolution.8California Legislative Information. California Civil Code 5660
Even after a lien is recorded, foreclosure isn’t automatic. The HOA cannot initiate nonjudicial foreclosure unless the delinquent assessments total at least $1,800 (excluding late charges, interest, and attorney’s fees) or are more than 12 months past due. The board must vote to foreclose in executive session, and the owner has the right to request alternative dispute resolution.
Active-duty service members get extra protection. Under the Servicemembers Civil Relief Act, a foreclosure or seizure of real property owned by an active-duty service member is not valid during military service or within 90 days after unless the creditor obtains a court order. A court may also stay proceedings or adjust the debt. These protections extend to the service member’s dependents.
What the HOA Must Do
California HOAs are organized as nonprofit mutual benefit corporations. Their core job is maintaining common areas, managing finances, and enforcing community rules. Davis-Stirling puts specific procedural requirements around each.
Annual Budget Report
The HOA must distribute an annual budget report 30 to 90 days before the end of its fiscal year. That report must include a pro forma operating budget showing estimated revenue and expenses, a summary of reserves, and the board’s reserve funding plan. It must also disclose whether the board has deferred major repairs, whether special assessments are anticipated, and how the board intends to fund reserves going forward.9California Legislative Information. California Civil Code 5300 At least once every three years, the board must arrange a visual inspection of major components the association maintains as part of a reserve study.
Open Meetings and Executive Sessions
Board meetings must be open to all homeowners, with at least four days’ notice of the time, place, and agenda. Emergency meetings are exempt from the notice requirement, and executive-session-only meetings need two days’ notice.1California Legislative Information. California Civil Code 4920
Executive sessions are limited to specific topics: litigation, contract negotiations, personnel matters, member discipline, payment plans, and decisions about foreclosing on a lien. If a member’s conduct is being discussed, that member has the right to attend the executive session. Anything discussed in executive session must be generally noted in the minutes of the next open meeting.10California Legislative Information. California Civil Code 4935
Elections
California requires secret ballots for board elections, assessment votes, governing document amendments, and grants of exclusive use of common areas.11California Legislative Information. California Civil Code 5100 The association must appoint one or three independent inspectors of elections to oversee the process, count ballots, and certify results. An inspector can be a member of the association but cannot be a current director, a candidate for the board, or someone employed by or under contract with the association.12California Legislative Information. California Civil Code 5110 Violating these procedures can invalidate results and expose the association to legal challenges.
Fiduciary Duty
Board members owe fiduciary duties to the association and its members. The duty of care requires making informed decisions, which means actually reading the CC&Rs, reviewing the financials, and investigating the facts before voting. The duty of loyalty requires acting in the association’s interest rather than for personal benefit. A board member who steers a landscaping contract to a relative violates this duty. Board members must also protect member confidentiality and avoid conflicts of interest.
Enforcement
When owners violate the governing documents, the HOA can issue notices and require corrective action. Enforcement comes with procedural strings: the board must provide due process before imposing fines or other consequences, which typically means written notice of the violation and an opportunity for the owner to be heard at a board meeting.
How Disputes Get Resolved
California strongly favors resolving HOA disputes outside court. Davis-Stirling builds in multiple layers of alternative dispute resolution parties must attempt before heading to a courtroom.
Internal Dispute Resolution
Either the HOA or an owner can request a “meet and confer” session under Civil Code section 5900 to try resolving a disagreement informally. This is often the fastest path for straightforward issues like contested fines or maintenance disputes. The association must participate if a member requests it.
Pre-Litigation ADR
Before filing an enforcement action in superior court, the parties must attempt alternative dispute resolution. This applies to lawsuits seeking injunctive or declaratory relief, or those combining such relief with monetary damages within small claims limits. The party filing must include a certificate with the initial pleading confirming that ADR was completed, the other side refused to participate, or temporary injunctive relief was needed. Failing to file this certificate is grounds for dismissal.13California Legislative Information. California Civil Code 5930 Small claims actions and assessment disputes are exempt.
Mediation and Arbitration
Mediation uses a neutral third party to help both sides negotiate. It’s voluntary and non-binding, and it works best for disputes over fines, rule enforcement, and maintenance responsibilities. Arbitration is more structured. An arbitrator hears evidence and issues a decision that can be either binding or non-binding, depending on what the parties agreed to. Some CC&Rs require arbitration for certain financial or contract disputes, and a binding arbitration decision can be enforced by a court.
Court
When ADR fails or isn’t viable, disputes move to court. Individual homeowners can bring monetary claims of up to $12,500 in small claims court, where attorneys cannot represent either party.14Judicial Branch of California. Small Claims in California More complex disputes like wrongful foreclosure or breach of fiduciary duty typically require litigation in superior court. In lawsuits to enforce governing documents, the prevailing party is entitled to reasonable attorney’s fees. That cuts both ways: it deters frivolous claims, and it gives owners real leverage when the HOA is the one breaking the rules.
Fair Housing Complaints
If your HOA has discriminated against you based on race, color, religion, national origin, sex, disability, or the presence of children in your household, you can file a complaint with HUD’s Office of Fair Housing and Equal Opportunity. Complaints must be filed within one year of the last discriminatory act. You can file by mail, phone, or through any HUD office, and HUD staff can help you prepare the complaint. You’ll need to identify the person or organization that discriminated, describe what happened and when, and explain why you believe it was based on a protected characteristic.15eCFR. 24 CFR Part 103 – Fair Housing Complaint Processing